***
NOT FOR PUBLICATION ***
NO. 26289
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
YVETTE
RENEE WILLIAMS, Plaintiff-Appellant
vs.
JEFFERSON
JAMES WILLIAMS, Defendant-Appellee
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-D NO.
02-1-3829)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that appellant appeals the September 29, 2003
divorce decree only as to child
custody, support and visitation. The September 29, 2003 decree did not
fully and finally decide FC-D No. 02-1-3829 as to
child custody, support and visitation inasmuch as the matters of
payment of the children's expenses for additional or new
extracurricular activities and for post-high school education was left
for later determination and has not been decided. Thus, this appeal is
premature and we lack jurisdiction. See HRS §§
641-1(a) and 571-54; Black
v. Black, 6 Haw. App.
493, 496, 728 P.2d 1303, 1305 (1986)(the discrete parts of a divorce
case -- (1) child custody, support and visitation, (2)
spousal support and (3) division of property -- are final and
appealable when those discrete parts are fully and finally
decided in the divorce decree or thereafter); see also Eaton v. Eaton, 7 Haw. App.
111, 748 P.2d 801 (1987). Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, July 20, 2004.